Library Catalogue
The law of comparative advertising viewed from the lens of freedom of commercial speech
Publication details: BangaloreBangalore NLSIU 2020Description: 83 p. ; 25 cmOnline resources:
Contents:
Table of Content (i) Declaration; (ii) Certificate; (iii) Acknowledgment; (iv) Table of Content; (v) List of Abbreviations; (vi) List of Cases; (vii) Research Methodology; 1. Chapter I Introduction; 1.1 What is Comparative Advertising; 1.2 Categories of Comparative Advertising; 1.3 Comparative Advertising and Consumer’s Interest; 1.4 Comparative Advertising and Trademark Regime; 1.5 Comparative Advertising and Freedom of Commercial Speech; 2. Chapter II The Rationales behind Freedom of Speech & Expression and Trademark Law; 2.1 Freedom of Speech & Expression; 2.1.1 Freedom of Commercial Expression; 2.1.2 Rationales justifying Freedom of Speech & Expression; 2.2 Trademark Law & Rationales behind Trademark Law; 2.2.1 The Functional Approach to Trademarks; 2.2.2 Economic Rationales of Trademark; 2.2.3 Dynamic Efficiency Rationale; 2.2.4 Ethical and Fairness based Rationales; 3.Chapter III The interplay of freedom of commercial expression & trademark law with reference to comparative advertising; 3.1 Non- Distinctiveness as a ground for refusal and freedom of commercial speech; 3.2 Descriptiveness as a ground for refusal and freedom of commercial speech; 3.3 Customariness as a ground for refusal and freedom of commercial speech; 3.4 Acquired Distinctiveness; 3.5 The criteria of “Use in course of trade” of trademarks; 3.6 “Confusion”; 3.7 Protection of Distinctive Character & Reputation of Trademark; 3.8 The relation between freedom of commercial expression and trademark and comparative advertising on the basis of various theories; 4.Chapter IV Comparative Advertising as a tool to foster Commercial Speech; 4.1 Puffery and Denigration on the anvils of Commercial Speech; 4.2 Generic Disparagement on the anvils of Commercial Speech; 4.3 Technological Superiority & Dissemination of ‘Truth’; 4.4 The European position on the element of Truth in Comparative Advertising and freedom of commercial expression; 4.5 Opinion on the Indian Position; 4.6 Advertising Standards Council of India; 5. Chapter V Conclusion; (viii) Bibliography.
| Item type | Current library | Status | Barcode | |
|---|---|---|---|---|
Dissertation
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. | Not for loan | LLM845 |
Table of Content (i) Declaration; (ii) Certificate; (iii) Acknowledgment; (iv) Table of Content; (v) List of Abbreviations; (vi) List of Cases; (vii) Research Methodology; 1. Chapter I Introduction; 1.1 What is Comparative Advertising; 1.2 Categories of Comparative Advertising; 1.3 Comparative Advertising and Consumer’s Interest; 1.4 Comparative Advertising and Trademark Regime; 1.5 Comparative Advertising and Freedom of Commercial Speech; 2. Chapter II The Rationales behind Freedom of Speech & Expression and Trademark Law; 2.1 Freedom of Speech & Expression; 2.1.1 Freedom of Commercial Expression; 2.1.2 Rationales justifying Freedom of Speech & Expression; 2.2 Trademark Law & Rationales behind Trademark Law; 2.2.1 The Functional Approach to Trademarks; 2.2.2 Economic Rationales of Trademark; 2.2.3 Dynamic Efficiency Rationale; 2.2.4 Ethical and Fairness based Rationales; 3.Chapter III The interplay of freedom of commercial expression & trademark law with reference to comparative advertising; 3.1 Non- Distinctiveness as a ground for refusal and freedom of commercial speech; 3.2 Descriptiveness as a ground for refusal and freedom of commercial speech; 3.3 Customariness as a ground for refusal and freedom of commercial speech; 3.4 Acquired Distinctiveness; 3.5 The criteria of “Use in course of trade” of trademarks; 3.6 “Confusion”; 3.7 Protection of Distinctive Character & Reputation of Trademark; 3.8 The relation between freedom of commercial expression and trademark and comparative advertising on the basis of various theories; 4.Chapter IV Comparative Advertising as a tool to foster Commercial Speech; 4.1 Puffery and Denigration on the anvils of Commercial Speech; 4.2 Generic Disparagement on the anvils of Commercial Speech; 4.3 Technological Superiority & Dissemination of ‘Truth’; 4.4 The European position on the element of Truth in Comparative Advertising and freedom of commercial expression; 4.5 Opinion on the Indian Position; 4.6 Advertising Standards Council of India; 5. Chapter V Conclusion; (viii) Bibliography.